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Section I: Contracting authority
I.1)Name and addresses
The Village Hall, Argyll
Telephone: +44 7973724794
NUTS code: UKM63
Main address: http://www.kcb.scot
Address of the buyer profile: http://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA27443
I.4)Type of the contracting authority
Section II: Object
II.1)Scope of the procurement
Kyles Community Broadband.
II.1.2)Main CPV code
II.1.3)Type of contract
Provision of Next Generation Broadband infrastructure and services to The Kyles of Bute covering an area encompassing Colintraive and Glendaruel, and rural Bute.
II.1.5)Estimated total value
II.1.6)Information about lots
II.2.2)Additional CPV code(s)
II.2.3)Place of performance
Colintraive and Glendaruel, Argyll.
II.2.4)Description of the procurement:
Kyles Community Broadband, a Community Interest Company (CIC) established under the Companies Act 2006, working in partnership with Community Broadband Scotland (CBS), a Scottish Government initiative led by Highlands and Islands Enterprise wishes to identify a supplier who can provide a Next Generation Access (NGA) State Aid compliant (SA. 40720 (2016/N) infrastructure that will enable access to NGA services at greater than 30 Mbps to all premises in the project area (subject to any technical and funding constraints). The successful bidder will contract with Kyles Community Broadband CIC.
This contract will not be divided into lots as this would make the execution of the contract excessively technically difficult.
II.2.7)Duration of the contract, framework agreement or dynamic purchasing system
II.2.9)Information about the limits on the number of candidates to be invited
This Procurement will be conducted using the Competitive Procedure with Negotiation.
Full details of the process can be found in the document ‘CBS ITT Part 1 — KCB’.
The process applied will be:
Statements including the specific requirements can be found within Section III.1.1), III.1.2) and III.1.3) of the Contract Notice.
Bidders must pass the minimum standards sections of the ESPD and Part III (Exclusion Grounds). Section B of Part IV will be scored on a pass/fail basis. Section C of Part IV of the ESPD will be scored in the following way:
0 — Unacceptable. Nil or inadequate response. Fails to demonstrate previous experience/capacity/capability relevant to this criterion. No Documented Quality, Safety and Environmental processes.
1 — Poor. Response is partially relevant but generally poor. The response shows some elements of relevance to the criterion but contains insufficient/limited detail or explanation to demonstrate previous relevant experience/capacity/capability.
2 — Acceptable. Response is relevant and acceptable. The response demonstrates broad previous experience, knowledge and skills/capacity/adaptability but may lack in some aspects of similarity e.g. previous experience, knowledge or skills may not be of a similar nature. Documented Quality, Safety and Environmental processes and/or working towards Quality, Safety and Environmental certification.
3 — Good. Response is relevant and good. The response is sufficiently detailed to demonstrate a good amount of experience, knowledge or skills/capacity/capability relevant to providing similar services to similar clients.
4 — Excellent. Response is completely relevant and excellent overall. The response is comprehensive, unambiguous and demonstrates thorough experience, knowledge or skills/capacity/capability relevant to providing similar services to similar clients. Quality, Safety and Environmental certification held.
The questions to be addressed at Section B of Part IV and Section C of Part IV of the ESPD are set out at Section III.1.2 and III 1.3 of this Contract Notice and will be weighted the following way:
Financial and Economic Standing Question 4B: Pass/Fail.
Technical and Professional Ability Question 4C.1.2: 60 %, Question 4C.8.1: 20 % and Question 4C.8.2: 20 %.
For Section C of Part IV of the ESPD the score obtained for each answer will be divided by the maximum possible score (of 4) and multiplied by the relevant weighting to derive the weighted score. The aggregate of all weighted scores delivers a total weighted score out of 100. The 5 highest scoring bidders will be invited to submit an initial tender (subject always to their meeting the minimum requirements set out elsewhere in this Contract Notice).
The 2016 National Broadband Scheme requires Bidders agree to the terms of The BDUK ‘Use of Existing Infrastructure Code of Conduct’ which can be found at:
Bidders are also subject to agreements as a condition of access to key information required to participate in the tender process. This information includes the Ordnance Survey Premises data contained in the Speed and Coverage Template which Bidders cannot access without proof that an Ordnance Survey User License is held or until the One Scotland Mapping Agreement Ordnance Survey End User License is completed.
The Code of Conduct and Ordnance Survey End User Licence are associated with this contract notice and must be downloaded, signed and returned with the Bidders ESPD response. The Code of Conduct can be found in ITT Part 1 Appendix 4. Where Bidders hold their own Ordnance Survey License, a copy must be returned with the ESPD response.
The draft ITT documentation is included (issued for information only). ITT Appendix 5 contains an Expression of Interest Form which must be signed by Bidders and returned with the ESPD response.
II.2.10)Information about variants
II.2.11)Information about options
II.2.12)Information about electronic catalogues
II.2.13)Information about European Union funds
Bidders may be excluded if in any of the situations referred to in reg 58 of Public Contracts (Scot) Regulations 2015.
Draft ITT documentation is provided but bidders only need to complete the ESPD at this stage.
Bidders must complete the Code of Conduct and NDA.
ESPD Part II Sec. D Q2D.1.1 should be completed as far as known.
ESPD Sec. A of Part IV of the ESPD (Scotland) — N/A.
Section III: Legal, economic, financial and technical information
III.1)Conditions for participation
III.1.1)Suitability to pursue the professional activity, including requirements relating to enrolment on professional or trade registers
III.1.2)Economic and financial standing
This section refers to Section B of Part IV of the ESPD (Scotland) and covers questions 4B 1-5 of the ESPD (Scotland):
4B1.1: Bidders will be required to have a minimum ‘general’ yearly turnover of 350 000 GBP for the last two (2) years.
As evidence for the ESPD (Scotland) question 4B.1, the Purchaser may ask for annual accounts from the bidder.
4B.1.2 — not applicable
4B.1.3 — If the relevant documentation requested in relation to question 4B.1.1 is available electronically, please indicate.
4B.2.1 to 4B.2.3 — not applicable
4B.3: Where turnover information is not available for the time period requested, the bidder will be required to state the date which they were set up or started trading.
4B.4 — 4B.4.1: Bidders will be required to state the value(s) for the following financial ratio(s):
Net Profit, Current, Debtors and Creditors ratio. The acceptable range for each financial ratio is:
Net Profit ratio: >2 %
Current ratio: >1
Debtor's Days ratio: <90
Creditor's Days ratio: <60
There must be no qualification or contra-indication from any other parts of the accounts.
There must be no qualification or contra-indication from any other parts of the accounts.
In addition to the validation of information provided in the response to the ESPD, the Purchaser will require details of a minimum 3 years financial accounts, including both Profit and Loss Statement and Balance Sheet and evidence of valid Insurance Certification prior to any contract award, save that information provided by new businesses will be required and assessed as follows:
With reference to the economic and financial standing criteria (turnover and ratios); as an alternative to the above requirement but only for Bidders who started trading less than 3 years prior to the return date for the ESPD response set out below, those Bidders must demonstrate adequate financial capacity for the Contract by the following evidence:
(i) A business plan for a minimum 3 year trading period setting out projected annual average turnover of no less than the threshold stated above;
(ii) A statement of whether or not any full audited accounts are available for any years' trading to date and copies of those accounts; and
(iii) a letter of support for the Bidder's bank setting out the level of financial support available to the business from the bank and for how long that is available.
A bank letter of support should explain the amount and duration of financial support made available to the business by the bank and what information, such as a business plan for the period 1.12.2016 — 30.12.2019, was considered by the bank in deciding to make that support available. These are matters of fact not opinion so should be able to be given by any bank on the authority of their customer. It must be understood, however, that the sufficiency or otherwise of the bank letter can only be judged after submission and assessment of all Questionnaire responses so the provision of as much information as possible is encouraged.
All of this information must be in terms entirely satisfactory to the Purchaser. The Purchaser reserves the right (but is not obliged) to seek additional clarification and/or supporting information or references from or about the Bidder to satisfy the Purchaser in this regard.
(b) Parent company guarantee/other surety:
With reference to the economic and financial standing criteria above, the Purchaser reserves the right in its sole discretion to waive these minimum requirements in the case of Bidders who are able to offer the Purchaser adequate substitute surety to the Purchaser's entire satisfaction. By way of example only (but without limitation), adequate substitute surety may be an unqualified guarantee for the performance of the Bidder's entire obligations under the contract to follow on this process by a parent or associated company established in the UK and which parent or associated company does meet the minimum requirements set out in these criteria.
Note: the Purchaser may seek clarification or further evidence of the information provided or referred to by the Bidder in the ESPD at any time if required.
4B.5 to 4B.5.3: It is a requirement of this contract that bidders hold, or can commit to obtain prior to the commencement of any subsequently awarded contract, the types and levels of insurance indicated below:
Employer's (Compulsory) Liability Insurance = 5 000 000 GBP per occurrence.
Public Liability Insurance = 10 000 000 GBP per occurrence.
Professional Indemnity Insurance = 5 000 000 GBP per occurrence.
Product liability cover = 5 000 000 GBP per occurrence.
Occupier's liability cover in respect of the Land to a minimum cover of 2 000 000 GBP per occurrence.
4B.6 to 4B.6.1 — not applicable.
III.1.3)Technical and professional ability
This section refers to Section C, D and E of Part IV of the ESPD (Scotland):
Section C: Technical and Professional Ability
4C.1 to 4C.1.1 — not applicable
4C.1.2: Bidders will be required to provide three examples that demonstrate that they have the relevant experience to deliver the services/supplies as described in part II.2.4 of the OJEU Contract Notice. Bidders should provide details relating to their experience of delivering broadband networks delivering NGA access speeds and capabilities in areas of similar geography to this project.
Bidders' case studies should contain the following information:
(i) Project name and geographical location;
(ii) Project value, when started and finished or planned finish (delivery must have been within the last 36 months);
(iii) Prime and/or sub-contractors or consortium members involved, including their role. Please indicate any major partners/sub-contractor roles of >10 % of project capital expenditure and whether they will be part of your proposed supply chain for this procurement (if known);
(iv) Number of staff (full time equivalent) by key operational process;
(v) Brief description of the underlying technologies deployed;
(vi) Brief description of Access solutions delivered at the required speeds (> 30 Mbps);
(vii) Brief description of Wholesale services provided;
(viii) Planned property numbers that will have / have access to the infrastructure and the most recent take up figure;
(ix) Details of supporting services provided such as Networks Operations Centre, Field Support Services, billing, etc. and;
(x) Details of any community involvement in the build or operation of the infrastructure/services.
Where Bidders cannot provide case studies relevant to the requirements, a capability statement in support of the services/supplies as described in part II.2.4 of the OJEU Contract Notice should be provided.
4C.2 — not applicable
4C.3 and 4C.4 — not applicable
4C.5: Bidders will be required to confirm that they will allow checks to be conducted on their production and technical capacities and where necessary on the means of study and research facilities available to it and on the quality control measures employed.
4C6 to 4C.7 — not applicable
4C.8.1: Bidders will be required to provide details of the average annual manpower for the last 3 years.
4C.8.2: Bidders will be required to provide details of the number of managerial staff for the last 3 years.
4C.9 — not applicable
4C.10: Bidders will be required to confirm whether they intend to subcontract and, if so, for what proportion of the contract (if known).
4C.11 to 4C.12.2 — not applicable
Section D: Quality Assurance Schemes and Environmental Management Standards
4D.1 Bidders are required to confirm that as a minimum standard they hold Quality Management BS EN ISO 9001 and Occupational Health and Safety Management OHSAS 18001 (or equivalents).
4D1.1 If Bidders do not hold BS EN ISO 9001 and/or OHSAS 18001 (or equivalents) they should indicate if they are working towards such certification and the expected award date and/or confirm that they have a documented policy regarding quality management and health and safety management systems, processes and procedures.
4D.2 — Environmental Management: Bidders are required to confirm that as a minimum standard they hold BS EN ISO 14001 or a valid EMAS Certificate (or equivalents).
4D.2.1 — If Bidders do not hold BS EN ISO 14001 (or equivalents) they should indicate if they are working towards such certification and the expected award date and/or confirm that they have a documented policy regarding environmental management systems, processes and procedures.
As evidence for the ESPD (Scotland) questions 4D.1 and 4D.2, the Purchaser may ask for certificates or policy documents from the bidder.
Section E: Global Question for All Selection Criteria
4 — not applicable
Part V — Questions 5.1 to 5.3 — Required.
III.1.5)Information about reserved contracts
III.2)Conditions related to the contract
III.2.1)Information about a particular profession
III.2.2)Contract performance conditions:
Contained within the tender documentation.
III.2.3)Information about staff responsible for the performance of the contract
Section IV: Procedure
IV.1.1)Type of procedure
IV.1.3)Information about a framework agreement or a dynamic purchasing system
IV.1.4)Information about reduction of the number of solutions or tenders during negotiation or dialogue
IV.1.5)Information about negotiation
IV.1.6)Information about electronic auction
IV.1.8)Information about the Government Procurement Agreement (GPA)
IV.2.1)Previous publication concerning this procedure
IV.2.2)Time limit for receipt of tenders or requests to participate
IV.2.3)Estimated date of dispatch of invitations to tender or to participate to selected candidates
IV.2.4)Languages in which tenders or requests to participate may be submitted:
IV.2.6)Minimum time frame during which the tenderer must maintain the tender
IV.2.7)Conditions for opening of tenders
Section VI: Complementary information
VI.1)Information about recurrence
VI.2)Information about electronic workflows
Details of the European Commission approved UK 2016 National Broadband Scheme and associated guidance can be found here: https://www.gov.uk/government/publications/state-aid-advice
All queries about this procurement must be made via the PCS messaging system.
The tender award criteria questions and weightings will be published in the Invitation to Tender. While it is intended that initial tenders will form the basis of subsequent negotiations, we reserve the possibility of awarding the contract on the basis of initial tenders without negotiation, which will be evaluated in accordance with the award criteria and scoring mechanism.
Note: To register your interest in this notice and obtain any additional information please visit the Public Contracts Scotland Web Site at http://www.publiccontractsscotland.gov.uk/Search/Search_Switch.aspx?ID=476935.
The buyer has indicated that it will accept electronic responses to this notice via the Postbox facility. A user guide is available at http://www.publiccontractsscotland.gov.uk/sitehelp/help_guides.aspx.
Suppliers are advised to allow adequate time for uploading documents and to dispatch the electronic response well in advance of the closing time to avoid any last minute problems.
The Contracting Authority does not intend to include a sub-contract clause in this contract.
Download the ESPD document here: http://www.publiccontractsscotland.gov.uk/ESPD/ESPD_Download.aspx?id=476935
VI.4)Procedures for review
An Lòchran, 10 Inverness Campus
Telephone: +44 1463245245
VI.4.2)Body responsible for mediation procedures
VI.4.4)Service from which information about the review procedure may be obtained
VI.5)Date of dispatch of this notice: